Pauline Toboulidis | February 12, 2021 | International Commercial and Investor-State Arbitration
In 2019, The American Law Institute completed and approved Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, a 19-year project in the making and the first of its kind. The Restatement identifies the role of the national...
Pamela Bookman | January 20, 2021 | International Commercial and Investor-State Arbitration
In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts and arbitration, or “arbitral courts.” Arbitral...
John Fellas | February 28, 2020 | International Commercial and Investor-State Arbitration
A Restatement of the Law is something of a misnomer. Restatements of Law are neither law nor state-sanctioned. They are the work of a private, independent organization—the American Law Institute. Moreover, Restatements of Law do not literally “restate” the current...
Ronald J. Mann | January 23, 2020 | International Commercial and Investor-State Arbitration
This article was originally published on SCOTUSblog.com on Jan. 22, 2020.As noted in my preview last week, GE Energy Power Conversion France SAS v. Outokumpu Stainless USA is the Supreme Court’s first arbitration case of the 2019 term. For observers familiar with the...
Charles E. Harris, II and Kwadwo Sarkodie | October 8, 2019 | International Commercial and Investor-State Arbitration
Title 28, US Code, Section 1782 authorizes an interested person to petition a US federal district court where any person “resides or is found” for an order directing such person to provide documents or testimony for use “in a proceeding in a foreign or international...
